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VAT Treatment of Public Funds Received by Further Education Institutions

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Summary

HMRC has published Revenue and Customs Brief 3 (2026) setting out its response to the Court of Appeal ruling in Colchester Institute Corporation v HMRC [2026] EWCA Civ 363, released on 27 March 2026. The brief addresses the VAT treatment of certain public funds received by further education institutions, updating HMRC's previous position to align with the court's judgment on whether public funding constitutes consideration for VAT purposes. Further education institutions receiving public funds should review their VAT accounting treatment and input tax recovery positions in light of this guidance.

“This brief explains HMRC's response to the Court of Appeal ruling on the VAT treatment of public funding received by further education institutions.”

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About this source

His Majesty's Revenue and Customs is the UK's tax and customs authority. HMRC publications include guidance manuals, Revenue and Customs Briefs, consultation responses, Spotlight warnings on tax avoidance schemes, and the monthly tax receipts and National Insurance statistics. Around 115 publications a month. Spotlight notices in particular name specific avoidance schemes and put taxpayers on notice that participation may be challenged. Watch this if you advise UK taxpayers, manage transfer pricing for a multinational, follow R&D tax credit scheme reform, or track HMRC's positions on crypto assets, employment status, and disguised remuneration.

What changed

HMRC has issued Revenue and Customs Brief 3 (2026) responding to the Court of Appeal decision in Colchester Institute Corporation [2026] EWCA Civ 363 regarding VAT treatment of public funds received by further education institutions. The brief replaces or updates HMRC's previous guidance on whether public funding constitutes consideration for VATable supplies. Key implications: Further education institutions must reassess how they treat public funds in their VAT returns, potentially requiring adjustments to input tax recovery claims where funding was previously treated differently. Institutions should review existing arrangements and consider whether past returns require correction.

Archived snapshot

Apr 28, 2026

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Policy paper

Revenue and Customs Brief 3 (2026): VAT treatment of certain public funds received by further education institutions

This brief explains HMRC’s response to the Court of Appeal ruling on the VAT treatment of public funding received by further education institutions.

From: HM Revenue & Customs Published 27 April 2026 Get emails about this page

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VAT treatment of certain public funds received by further education institutions

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Details

This brief sets out HMRC’s response to the ruling of the Court of Appeal in the case of Colchester Institute Corporation (CIC) [2026] EWCA Civ 363. The judgment was released on 27 March 2026.

Updates to this page

Published 27 April 2026

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Classification

Agency
HMRC
Published
April 27th, 2026
Instrument
Guidance
Branch
Executive
Legal weight
Non-binding
Stage
Final
Change scope
Substantive

Who this affects

Applies to
Educational institutions
Industry sector
6111 Higher Education
Activity scope
VAT compliance Public funding Tax reporting
Geographic scope
United Kingdom GB

Taxonomy

Primary area
Taxation
Operational domain
Compliance
Topics
Education Financial Services

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